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Supreme Court of India · 20/10/2022

CDR AMIT KUMAR SHARMA ETC versus UNION OF INDIA & ORS ETC

[2022] 18 S.C.R. 625 · 2022 INSC 1124

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Summary

After Annie Nagaraj, the Navy considered short service commission officers for permanent commission against vacancies it computed and released those not selected. The Armed Forces Tribunal upheld this, relying heavily on vacancy calculations and Selection Board proceedings given to it alone in sealed cover. The Supreme Court set the judgment aside for breach of natural justice. Material relied on by a party, or likely in all reasonable probability to influence the decision, must be disclosed to the other side. Sealed-cover adjudication denies an effective challenge, entrenches opacity and favours the party, usually the State, that controls the information; non-disclosure is permitted only exceptionally and proportionately. While protecting Board deliberations, the Navy must disclose each officer's merit position. The matters were remitted with interim protection continued.

Issues

  1. Whether the Armed Forces Tribunal could uphold the denial of permanent commission by relying on vacancy calculations and Selection Board proceedings disclosed only to it in a sealed cover.

Provisions considered

Held

Result

Appeals allowed; the Tribunal's judgment dated 03.01.2022 set aside and the original applications restored for fresh adjudication, preferably by February 2023; officers protected by interim orders, and the officer whose tenure ends in December 2022, to continue in service until eight weeks after the Tribunal's decision.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 625.